Barunggam People - National Native Title Tribunal

National Native Title Tribunal190B8No failure to comply with s61A:The application and accompanying documents must not disclose, and the Registrarmust not otherwise be aware, that, because of s61A (which forbids the making ofapplications where there have been previous native title determinations or exclusiveor non-exclusive possession acts), the application should not have been made.The following relevant documents have been extracted from the File Index(es) ofmaterial that has been reviewed for this application.Fol Date Description Cat Probity, WeightA1 27/1/99 Form 1 application andAttachmentsA1 27/1/99 Applicants affidavitspursuant to s.62(1)(a)B3 26/2/99 Form 1 Amended5Application andAttachmentsMMMHighHighHighOn review of the application and accompanying documents before me, I am satisfiedthat there has been compliance with s.61A.In arriving at this conclusion, I have taken into account the following at Appendix 1, item3 of the amended application:• the exclusion of those areas which are subject to previous exclusive possessionacts done by the Commonwealth or the State of Queensland as set out in Division2B of the Native Title Act (as amended);• the statement that, where areas are subject to non-exclusive possession acts doneby the Commonwealth or the State of Queensland as set out in Division 2B of theNative Title Act(as amended), exclusive possession of those areas is not claimed;and• that the applicants have claimed the benefit of sections 47, 47A and 47B of theNative Title Act.• that the application is subject to any other extinguishment of native title which isrecognised to have occurred under the general common law of Australia.There is nothing in the application, and nor am I otherwise aware, that the applicationshould not have been brought because of the requirements of S 61A.The application passes this condition.Reasons for Recommendation (Page16 of 28)